Foster Swift Educational Events

How will Marijuana Reclassification Affect Employer Reasonable Accommodation?

selective focus of dried weed and bottles with medical cannabis lettering near doctor writing prescriptionEmployers are facing one of the most consequential shifts on workplace drug policy in recent memory. On December 18, 2025, President Trump signed an Executive Order that reclassifies marijuana from a Schedule I to a Schedule III drug.

While this does not legalize marijuana federally, this change could significantly alter how courts and agencies evaluate ADA accommodation requests. With the federal directive to move marijuana to Schedule III, courts and enforcement agencies may reinterpret what constitutes a “reasonable accommodation”, especially for employees who are lawfully using state‑approved medical cannabis.

Learn more next week at our first Second Wednesday of 2026:

Moderator Rob Hamor welcomes back employment law attorney Cliff Hammond as they cover how to face emerging risks in 2026 and beyond, including:

  • What Schedule III reclassification means under federal and state law.
  • Why ADA accommodations may shift.
  • How certain drug-testing cases may be upended.
  • Other practical steps for employers to reduce risk.
Jump to Page

Foster Swift Collins & Smith PC Cookie Preference Center

Your Privacy

When you visit our website, we use cookies on your browser to collect information. The information collected might relate to you, your preferences, or your device, and is mostly used to make the site work as you expect it to and to provide a more personalized web experience. For more information about how we use Cookies, please see our Privacy Policy.

Strictly Necessary Cookies

Always Active

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Functional Cookies

Always Active

Some functions of the site require remembering user choices, for example your cookie preference, or keyword search highlighting. These do not store any personal information.

Form Submissions

Always Active

When submitting your data, for example on a contact form or event registration, a cookie might be used to monitor the state of your submission across pages.

Performance Cookies

Performance cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.

Powered by Firmseek